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2009 SESSION

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Senate Committee on Education and Health

Chairman: R. Edward Houck

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: January 29, 2009
Time and Place: Thursday, 8:30 AM, Senate Rm B, General Assembly Building

S.B. 818 Opiate addiction treatment providers; daily service fee.

Patron: Lucas

Opiate addiction treatment providers; service fee.  Requires that any licensed provider of treatment for persons with opiate addiction shall pay a service fee of not greater than 1.5 percent of each consumer's daily dosing fee that is charged by the program. The provider shall be responsible for calculating the fee, and on a quarterly basis, forwarding the collected fees to the Department.

S.B. 866 Community College Scholarship Match Program; created.

Patron: Edwards

Community College Scholarship Match Program.  Establishes the Community College Scholarship Match Program to provide matching funds to community college foundations and the Virginia Foundation for Community College Education. Funds paid shall not exceed $5 million in any fiscal year. These funds shall be used to award scholarships to students who (i) are domiciled residents of Virginia, (ii) graduated from a public or private Virginia high school, and (iii) are enrolled in a Virginia community college.

S.B. 870 Indoor Clean Air Act; allows localities to exceed requirements that regulate smoking.

Patron: Lucas

Virginia Indoor Clean Air Act; local ordinances. Allows localities to exceed the requirements established in the Virginia Indoor Clean Air Act when adopting or enforcing ordinances that regulate smoking.

S.B. 878 Massage Therapy, Advisory Board on; created.

Patron: Martin

Advisory Board on Massage Therapy; created.  Creates the Advisory Board on Massage Therapy to assist the Board of Nursing in carrying out the provisions regarding the qualifications, examination, registration, regulation, and standards of professional conduct of massage therapists. 

S.B. 949 Donor Registry and Public Awareness Fund; changes name of Transplant Council Education Fund thereto.

Patron: Howell

Organ donation; Virginia Donor Registry and Public Awareness Fund. Changes the name of the Virginia Transplant Council Education Fund to the Virginia Donor Registry and Public Awareness Fund, and requires the Department of Motor Vehicles to establish a procedure for driver's license applicants to voluntarily contribute to the Fund. Also makes technical corrections to make certain sections consistent with the Revised Uniform Anatomical Gift Act.

S.B. 956 Autism Tuition Assistance Grant Program; established.

Patron: Stosch

Autism Tuition Assistance Grant Program; established.  Establishes a tuition assistance grant program for students with autism. The program provides grants of no more than $20,000 a year per student to a Virginia nonsectarian private school of choice for students identified as autistic and for whom individual education plans have been written.

The bill requires that in order to receive the grant the following conditions be satisfied: (i) the student has attended a public school in the Commonwealth and has received special education services for at least one year prior to the receipt of the grant; (ii) the parent has obtained acceptance for admission of the student to an eligible private school; (iii) the parent has executed and submitted to the division superintendent a written statement acknowledging that the public school has implemented an individualized educational program that is reasonably calculated to provide educational benefit; and (iv) the parent has requested the grant of the Superintendent of Public Instruction and notified the division superintendent of that request.

The Board of Education is required to promulgate regulations to administer the Grant Program within 280 days of enactment.

S.B. 962 Fetal deaths; when occurs without medical attendance, mother, etc., must report within 24 hours.

Patron: Obenshain

Fetal deaths; report when unattended; penalty.  Requires that when a fetal death occurs without medical attendance upon the mother at or after the delivery or abortion, the mother or someone acting on her behalf, within 24 hours, report the fetal death, location of the remains, and identity of the mother to the local or state police or sheriff's department of the city or county where the fetal death occurred. The bill also specifies that no one shall remove, destroy, or otherwise dispose of any remains without the express authorization of law-enforcement officials or the medical examiner, and that a violation of this section is a Class 1 misdemeanor.

S.B. 968 Radiologist assistants; licensure. 

Patron: Blevins

Radiologist assistants; licensure.  Provides for the licensure of radiologist assistants as individuals who have met the requirements of the Board of Medicine for licensure as advanced-level radiologic technologists and who, under the direct supervision of a licensed doctor of medicine or osteopathy specializing in the field of radiology, are authorized to (i) assess and evaluate the physiological and psychological responsiveness of patients undergoing radiologic procedures; (ii) evaluate image quality, make initial observations, and communicate observations to the supervising radiologist; (iii) administer contrast media or other medications prescribed by the supervising radiologist; and (iv) perform, or assist the supervising radiologist to perform, any other procedure consistent with the guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, and the American Registry of Radiologic Technologists. 

S.B. 1002 Indoor Clean Air Act; localities to adopt ordinances containing standards, etc. relating to smoking.

Patron: Quayle

Virginia Indoor Clean Air Act; restaurants.  Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor clean Air Act.

S.B. 1032 Medication aide training programs; sets forth requirements for Board of Nursing approved education.

Patron: Hanger

Medication aide training programs; required registration delayed. Sets forth requirements for Board of Nursing approved education and training programs for medication aides. This bill also delays enforcement of the requirement for medication aides to be registered until July 1, 2009, and is effective retroactively to January 1, 2009.

EMERGENCY

S.B. 1049 Grant program; modifies eligibility of certain foster care and special needs adoption students.

Patron: Whipple

Grant program for certain foster care and special needs adoption students. Modifies the eligibility of the current program to allow a student enrolled in a minimum of six credit hours per semester at a two-year institution of higher education to receive a grant for tuition and fees and to ensure that a student who has a prior bachelor's degree is excluded from participation.

S.B. 1057 Smoke Free Air Act; smoking in public places, civil penalties.

Patron: Whipple

Virginia Smoke Free Air Act; smoking in public places; civil penalties.  Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions are provided for (i) private homes, private residences, private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) private clubs, except when being used for functions attended by persons other than members and invited guests; (iii) hotel or motel rooms designated as smoking rooms that are offered for rent to the public; (iv) specialty tobacco stores; (v) tobacco manufacturers; and (vi) private and semiprivate rooms in nursing homes and long-term care facilities. The bill requires the posting of "No Smoking" signs inside and at the entrances of areas where smoking is prohibited. Any person who continues to smoke in an area in which smoking is prohibited will be subject to a civil penalty of not more than $100 for the first offense, and $250 for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses.

S.B. 1075 Optometrists; those licensed may sell contact lenses & allowed to dispense ophthalmic devices.

Patron: Howell

Optometrists; contact lenses and ophthalmic devices.  Specifies that only licensed optometrists and ophthalmologists, or licensed opticians with a contact lens endorsement may sell contact lenses, and allows licensed optometrists and ophthalmologists to dispense ophthalmic devices that contain medication.

S.B. 1105 Indoor Clean Air Act; prohibits smoking in all indoor restaurants and bar and lounge areas in State.

Patron: Northam

Virginia Indoor Clean Air Act; penalty.  Moves the regulation of smoking in restaurants from Title 15.2 to a new chapter in Title 32.1.  This bill prohibits smoking in all indoor restaurants and bar and lounge areas in the Commonwealth.  Requires the posting of “No Smoking” signs and provides for a $25 civil penalty for a violation of these provisions.

S.B. 1118 Community College Scholarship Match Program; created.

Patron: Colgan

Community College Scholarship Match Program.  Establishes the Community College Scholarship Match Program to provide matching funds to community college foundations and the Virginia Foundation for Community College Education.  Funds may be paid on the basis of one dollar of state general fund appropriation for every one dollar donated by corporations beginning on July 1, 2010, with state appropriations not to exceed $5 million in any fiscal year.  These funds shall be used to award scholarships to students who (i) are domiciled residents of Virginia and (ii) are enrolled in a Virginia community college.  The bill contains a delayed effective date of July 1, 2010.

S.B. 1156 Higher educational institutions, certain; management agreements with State.

Patron: Edwards

Management agreements with certain institutions of higher education. Provides that the 2006 management agreements in place between the Commonwealth and Virginia Polytechnic Institute and State University, the College of William and Mary, and the University of Virginia will expire on June 30, 2012. Also makes adjustments to the policies governing capital projects, procurement, and financial operations and management.

S.B. 1160 Indoor Clean Air Act; prohibits smoking in all indoor restaurants and bar and lounge areas in State.

Patron: Saslaw

Virginia Indoor Clean Air Act; civil penalty.  Moves the regulation of smoking in restaurants from Title 15.2 to a new chapter in Title 32.1. This bill prohibits smoking in all indoor restaurants and bar and lounge areas in the Commonwealth. Also, the bill requires the posting of “No Smoking” signs and provides for a $25 civil penalty for a violation of these provisions.

S.B. 1162 Certificate of public need; plan of correction for failure to meet conditions.

Patron: Watkins

Certificate of public need; plan of correction for failure to meet conditions.  Provides that, when a certificate of public need is subject to conditions imposed by the Commissioner, and the certificate holder fails to satisfy the conditions of the certificate, the certificate holder shall file a plan of correction with the Department of Health, which shall identify how the certificate holder shall satisfy the condition of the certificate, and shall provide a time frame for satisfaction of the conditions, for approval. This bill further provides that a certificate holder may satisfy conditions by (i) making direct payments to an organization authorized under a memorandum of understanding with the Department to receive contributions satisfying the conditions of a certificate, or (ii) making direct payments to a private nonprofit foundation that funds basic insurance coverage for indigents authorized under a memorandum of understanding with the Department to receive contributions satisfying conditions of a certificate. The certificate holder shall provide documentation to the Department demonstrating that the conditions of the certificate have been satisfied as set forth in the approved plan of correction.

S.B. 1195 Prescription Monitoring Program; disclosure of information.

Patron: Puckett

Prescription Monitoring Program; disclosure of information.  Removes requirement that a prescriber obtain written consent from the recipient of a prescription before requesting information on that recipient for the purpose of establishing his treatment history, and allows prescribers to delegate authority to access information in the Program to up to two licensed health care professionals. Also allows the Director of the Department of Health Professions to enter into agreements for mutual exchange of information among prescription monitoring programs in other jurisdictions.

S.B. 1202 Dental hygienists; those holding a license may provide educational & preventive dental care.

Patron: Puckett

Practice of dental hygienists. Provides that a dental hygienist who holds a license or permit issued by the Board of Dentistry may provide educational and preventive dental care in the Lenowisco, Cumberland Plateau, and Southside Health Districts, which are designated as Virginia Dental Health Professional Shortage Areas by the Department of Health, and that any dental hygienist providing such services shall practice pursuant to a protocol developed by the Department of Health.

S.B. 1263 Nursing homes; authorization and acceptance of certain certificate of public need applications.

Patron: Vogel

Certificate of Public Need; exception.  Provides for the authorization and acceptance of certain certificate of public need applications and for the authorization of funding incentives from existing funds to effect a Green House demonstration nursing home in Planning District 8.

S.B. 1322 Food allergies; Board of Education to establish guidelines for managing children in public schools.

Patron: Whipple

Guidelines for managing food allergies.  Requires the Board of Education to establish guidelines for managing and caring for children with food allergies in the public schools. The guidelines must provide a protocol for caring for children with life-threatening food allergies and requirements for accommodating children with special dietary needs and training of school personnel, and incorporate Board of Education policies pertaining to the management of food allergies and the U.S. Department of Agriculture's Food and Nutrition Service standards for accommodating children with special dietary needs. This bill also requires local school boards to adopt guidelines consistent with the Board's by July 1, 2010, and to ensure that all school personnel with direct contact with students are appropriately trained in identifying and managing children who have been exposed to specific food allergens.

S.B. 1367 Food allergies; school board develop, etc. policy for management of students with life-threatening.

Patron: Barker

Public schools; students with life-threatening allergies.  Requires that no later than January 1, 2010, each local school board develop and implement a policy for the management of public school students with life-threatening food allergies. This policy shall be based on the Department of Education's Special Care Issues Guidelines relating to food allergies and anaphylaxis.

S.B. 1382 Smoking in restaurants; creates a statewide ban thereon.

Patron: Stolle

Smoking in restaurants; civil penalties.  Creates a statewide ban on smoking in restaurants,  sets out exceptions to this ban, and provides for civil penalties for violation.  The bill contains technical amendments.

S.B. 1437 State surgeon general; established.

Patron: Miller, Y.B.

State surgeon general; duties.  Establishes a State Surgeon General, to be appointed by the Governor and subject to confirmation by the General Assembly. The Surgeon General shall be a physician licensed to practice medicine in the Commonwealth and shall be certified by the American Board of Preventive Medicine or a recognized board in a primary care specialty as approved by the American Board of Medical Specialties and experienced in public health.

S.B. 1448 Indigent Health Care Trust Fund; repealed.

Patron: Watkins

Virginia Indigent Health Care Trust Fund; repeal. Repeals the Virginia Indigent Health Care Trust Fund.

S.B. 1468 Onsite treatment works; provides specific requirements therefor designed by professional engineer.

Patron: Quayle

Onsite treatment works; designs by engineers. Provides specific requirements for onsite treatment works designed by professional engineers. Allows such designs either to meet the specifications of current requirements for other onsite treatment works or to adhere to the new standards set out in the bill.

S.B. 1497 Virginia Network for Geospatial Health Research Authority; created, report.

Patron: Barker

Virginia Network for Geospatial Health Research Authority; created. Creates the Virginia Network for Geospatial Health Research Authority, as a body politic and corporate, a political subdivision of the Commonwealth, to (i) provide for the continuity and expansion of research both within the public and private sectors using geospatial analysis of health and health care relevant data, (ii) develop economies of scale within state health agencies and within public health programs within the Commonwealth’s universities, (iii) provide geospatial analytical support to other political subdivisions concerned with cost-effective targeting of public health initiatives, and (iv) engage in such other lawful activities as the Board of Directors of the Authority deems reasonable and appropriate. The bill exempts the Authority from the Virginia Personnel Act, the Workforce Transition Act, FOIA, the APA, the Public Procurement Act, and all taxation.